Your personal or professional life could encounter a substantial hitch if any of your past criminal records pops up while someone is doing a background check on you. If you were charged with any criminal offence at some point of time, it may jeopardize your chances of getting a good job or obtaining a bank loan. However, everybody deserves a second chance and to remove such obstacles from your way, let consult an experienced lawyer to seal criminal records that all you need.
How does a Criminal Record Affect your Life?
If you were ever arrested or convicted for a criminal offense, a criminal record surely exists for you which anyone can access. The same could also be true in case of unfair suspicion pertaining to illegal activities. Sometimes even a minor brush with the law could taint your future. Some criminal records create prohibitions for you where you lose certain privileges and benefits like serving on a jury or having the right to vote
Criminal Records that can be Expunged or Sealed
Although not all cases can be sealed, there are many which are eligible to be removed and, subsequently, cannot be accessed by conventional means. Your criminal records that can be expunged only if, you were previously acquitted, but were found ‘not guilty’ post trial or adjudicated as a juvenile delinquent or were arrested but no charges were filed against you. Offenses which involve controlled substances can be sealed following a waiting period, which further depends on the level of offense. Criminal records pertaining to convictions for municipal and petty offenses are also eligible to be sealed.
Criminal Records that Cannot be Sealed
Certain convictions are not eligible to be sealed so you must check out your eligibility before filing petition for sealing of records. The ineligibility criterion includes:
· Records which include conviction on DUI (Driving Under Influence) or DWAI (Driving While Ability Impaired).
· Conviction for an offence having a factual basis of unlawful sexual behaviour.
· Class 1 or 2 misdemeanor traffic offense or class A or class B traffic Infraction.
· The offences related to a CDL (Commercial Driver’s License).
How Sealing Differs from Expungement?
Although a sealed criminal record is inaccessible by normal means, it still exists. Legally you can deny the existence of such records, but they could be unsealed by some entities if the court orders for the same for public interest. However, expungement completely wipes out your records, leaving no evidence of your arrest or conviction anywhere. Under expungement the records are permanently destroyed and, even by the court order, are never made available to anyone. Although expungement sounds much better than sealing, you don’t always have an option for the former. Certain cases are only eligible to be sealed and not expunged, whereas, some states do not at all offer expungement. Now if you are wondering “whether my criminal record is eligible for sealing or expungement”, you can straightaway get in touch with a Denver lawyer to seal criminal record and proceed towards the right option.
How to Seal your Criminal Records
If you are eligible for sealing your criminal history, contact Denver Lawyer to Seal your Criminal Records is the first step, as the job is quite complex.
· A petition must be filed in the district court where your criminal records are located. A separate petition needs to be filed for each case along with the payment of appropriate fees.
· The petition can be filed only if three or more years have passed since the date of final disposition of all criminal proceedings against the defendant or if the defendant has been released from supervision concerning a criminal conviction for three years or more; whichever is later.
· All the criminal justice agencies, having a copy of your criminal record, must be specified in the petition.
· Subsequently, a hearing date is set by the court and the agencies listed on the petition will receive a notice for the same.
· A skilled lawyer to expunge criminal records could convince the court in your favor so that the court orders to seal or expunge your criminal records.
How Sealing of Criminal Records Helps?
Criminal records could impact your life severely as many employers or institutions hesitate or don’t prefer to have people with such records. Sealing of criminal records makes your endeavors like housing or employment hassle free. Also, your records cannot be accessed by educational institutions or state or local government agencies. However, sealing does not remove your records from the FBI’s records, but your potential employer or the bank where you applied for a loan gets nothing to stop you from proceeding. When the records are successfully sealed anyone who investigates about you regarding any criminal history will get the result “no such record for that person present.” The procedure might be a little tedious, but under the guidance of a proficient lawyer you can clear out the hurdles that are blocking your way to success.